On The Legal Principles Of GPA In The Realization Of China’s Government Procurement System

The Agreement on Government Procurement of WTO, GPA, is one of the world trade organization government procurement rules, is currently one of the most important government procurement rules of international law. Currently, many countries and regions have joined the GPA, open government procurement market; regulate the behavior of its government procurement to achieve open and transparent public use of funds. China officially opened in 2007 to join GPA negotiations, to join GPA for our country, faces a opportunities and challenges coexist. On the one hand, we can draw lessons from specific rules of GPA and the Member States of practical experience, and improve China’s government procurement legislation; On the other hand, we need to be in the government procurement policy features and cost-effectiveness of functional balance. In government procurement, it is necessary to the pursuit of economic efficiency, government procurement of public policy should play a guiding function. Therefore, in this dissertation, the author departure from GPA legal principles proposed for the1 improvement of China’s government procurement system. This dissertation focuses on the contents of the government procurement law principle to carry on the analysis, in addition to the epilogue part, the core content of the dissertation basically has the following several parts:The first part is to analysis the related theory of government procurement legal principles. In this section, mainly discusses the current problems that exist in the government procurement system in our country, expounded for the government procurement law principle of Chinese and foreign research present situation and the thinking of writing of this article and research methods.The second part is the contents of the legal principles of GPA were analyzed. In this section, proceed from the introduction of the origin and course of development of the GPA, discusses the basic legal principles of the GPA. At the same time in some developed countries legal principles about the particularity of government procurement has made the detailed elaboration, and analyzes its target value. Finally, make a comparison, for the basic legal principles of the Government Procurement Law and the basic legal principles of GPA, explores the basic legal principles to GPA value to perfect our country government procurement system.The third part is the identification of the basic content of the principle of non-discrimination. In this section, the first analysis of the basic content of the non-discrimination principle, applicable extensions and exceptions, then apply the principle of non-discrimination for our conflict, especially conflict applicable to the subject and intended to explore, combined with China on the principle of non-discrimination provisions, proposed the establishment of the government procurement market environment of fair competition.The fourth part is the content of the principle of transparency and its requirements to analyze. The section, made specifically addressed in the GPA on the principle of transparency, at the same time, put forward the significance and role of the principle of transparency in the government procurement system. For China’s government procurement problems in information disclosure, improve legislation and clear accountability, and to establish an effective supervision mechanism and other relevant recommendations.The fifth part is the identification of the principles of due process. This section is from the analysis of government procurement in the procedural rules set out in the limit of administrative discretion; improve the efficiency of government procurement, the role played by the procedural principles. Aimed at the problems existing in the rules of procedure applicable in the our country government procurement, such as legislation is too abstract, scattered, lack of protection for the interests of the opposite party, put forward to establish a government procurement in the effective connection between administrative procedure and judicial procedure, perfecting withdrawal, suspension and other relevant procedures.